Part 3Criminal evidence, investigations and procedure

Chapter 1Anonymity in investigations

I175Qualifying criminal investigations

I21

For the purposes of this Chapter a criminal investigation is a qualifying criminal investigation if it is conducted by an investigating authority wholly or in part with a view to ascertaining—

a

whether a person should be charged with a qualifying offence, or

b

whether a person charged with a qualifying offence is guilty of it.

2

The following are investigating authorities—

a

a police force in England and Wales;

b

the British Transport Police Force;

I3c

the Serious Organised Crime Agency;

I2d

the Police Service of Northern Ireland.

I23

The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.

I24

The provision which may be included in an order under subsection (3) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

I2F15

The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).